rti--.BOEIND 

JUL 0 9 2012 

RA-12-02910 

John A. Hamilton 

Lead Administrator 

Regulatory Administration 

Commercial Airplanes 

The Boeing Company 

P.O. Box 3707 MC 03-56 

Seattle, WA 98124-2207 

U.S. Department of Transportation 

Docket Operations 

West Building Ground Floor, Room W12-140 

1200 New Jersey Avenue, S.E. 

Washington, D.C. 20590 

Subject: 

Model: 

RA Project No.: 

EASA Project No.: 

EASALevel: 

Branch/Panel No.: 

Branch/Panel Name: 

Response Due: 

Reference(s): 

Special Instructions: 

This letter is to submit: 

Petition for Exemption from 14 CFR 25.7850), 

25.795(b)(2), (c)(l) and (c)(3), 25.809(a), 

25.810(a)(l) 25.857(e) and 25.1447(c)(l), 

Boeing Model 767-2C, Supernumerary Carriage 

and Main Deck Access During Flight 

767-2C 

PS09-0863 

NIA 

N/A 

ANM-106B 

Certification Services 

October 12, 2012 

NIA 

NIA 

(X) Other: Petition for Exemption 

The Boeing Company hereby petitions for an exemption for relief from 14 CFR 

25.7850), 25.795(b)(2), (c)(l) and (c)(3), 25.809(a), 25.810(a)(l) 25.857(e) and 

25.1447(c)(l), to allow the carriage of supernumeraries and main deck access 

during flight on the Boeing 767-2C freighter. 

To support the 767-2C program schedule, The Boeing Company requests that the 

enclosed information be processed by October 12th, 2012. Furthermore, The 

Boeing Company requests to be notified when the enclosed petition processing 

has completed. 
rp__lii'OEIND 

Page 2 

Waiver from Public Comment 

This petition will not set a precedent and accordingly, The Boeing Company 

respectfully requests a waiver from the publication and public comment period of 

this Exemption. The Boeing Company believes that good cause exists to waive 

the publication and comment requirements of 14 CFR 11.85, 11.87 and 11.89. 

This letter is being sent for: 

(X) Posting to the Federal Docket 

Please contact this office or the following individuals if you have further 

questions: 

Project Administrator (P A): 

Program Manager 

Certification Lead/Specialist: 

P. Guilford 

S. Gordon 

J. Flower 

G. Gillette 

425-23 7-5981 

425-237-6068 

206-715-1768 

425-266-7484 

The information being forwarded to the FAA by or with this correspondence is 

for the exclusive purpose of support of applications for or amendments to Type 

Certificates. 

Sincerely, 

~d~$'o/' 

k uglas M. Lane 

ODA Deputy Lead Administrator 

(425) 237-1383, MC 03-56 

FAX: ( 425) 294-9340 

Enclosure: Petition for Exemption 

cc 

Name 

Jim Cashdollar 

Angelos Xidias 

Letter 

EDT 

EDT 

Enclosures 

EDT 

EDT 

Comments 

ANM-100B 

ANM-100B 
RA-12-02910

Enclosure

Page 1 of 12

Petition for exemption from 14 CFR 25.785(j), 25.795(b)(2), (c)(1) 

and (c)(3), 25.809(a), 25.810(a)(1), 25.857(e), and 25.1447(c)(1)

A. Name and Address of the Petitioner

Doug Lane, Director, Regulatory Administration Deputy Lead Administrator

The Boeing Company

PO Box 3707

Seattle, Washington, 98124

B. Section of the Code of Federal Regulations (CFRs) that are affected

As provided for in 14 CFR 11.61(b), Boeing hereby petitions for exemption from the 

following CFRs: 

Regulation At 

Amendment

Which Requires

14 CFR 

25.785(j)

88 If seat backs do not provide a firm handhold, there must be a 

handgrip or rail along each aisle to enable persons to steady 

themselves while using the aisles in moderately rough air.

14 CFR 

25.795(b)(2)

127 Airplanes with a maximum certificated passenger seating capacity 

of more than 60 persons or a maximum certificated takeoff gross 

weight of over 100,000 pounds (45,359 Kilograms) must be 

designed to limit the effects of an explosive or incendiary device as 

follows: 

Passenger cabin smoke protection. Means must be provided to 

prevent passenger incapacitation in the cabin resulting from smoke, 

fumes, and noxious gases as represented by the initial combined 

volumetric concentrations of 0.59% carbon monoxide and 1.23% 

carbon dioxide.

14 CFR 

25.795(c)(1)

127 Least risk bomb location. An airplane must be designed with a 

designated location where a bomb or other explosive device could 

be placed to best protect flight-critical structures and systems from 

damage in the case of detonation.

14 CFR 

25.795(c)(3)

127 Interior design to facilitate searches. Design features must be 

incorporated that will deter concealment or promote discovery of 

weapons, explosives, or other objects from a simple inspection in 

the following areas of the airplane cabin: 

Areas above the overhead bins must be designed to prevent 

objects from being hidden from view in a simple search from the 

aisle. Designs that prevent concealment of objects with volumes 20 

cubic inches and greater satisfy this requirement. 

Toilets must be designed to prevent the passage of solid objects 

greater than 2.0 inches in diameter. 

Life preservers or their storage locations must be designed so that 

tampering is evident.

14 CFR 

25.809(a)

116 Each emergency exit, including each flightcrew emergency exit, 

must be a movable door or hatch in the external walls of the 

fuselage, allowing an unobstructed opening to the outside. In 

addition, each emergency exit must have means to permit viewing 

of the conditions outside the exit when the exit is closed. The 

viewing means may be on or adjacent to the exit provided no 
RA-12-02910

Enclosure

Page 2 of 12

obstructions exist between the exit and the viewing means. Means 

must also be provided to permit viewing of the likely areas of 

evacuee ground contact. The likely areas of evacuee ground 

contact must be viewable during all lighting conditions with the 

landing gear extended as well as in all conditions of landing gear 

collapse.

14 CFR 

25.810(a)(1)

114 Each non over-wing Type A, Type B or Type C exit, and any other 

non over-wing landplane emergency exit more than 6 feet from the 

ground with the airplane on the ground and the landing gear 

extended, must have an approved means to assist the occupants in 

descending to the ground.

The assisting means for each passenger emergency exit must be a 

self-supporting slide or equivalent; and, in the case of Type A or 

Type B exits, it must be capable of carrying simultaneously two 

parallel lines of evacuees.

14 CFR 

25.857(e)

93 Cargo compartment classification.

Class E. A Class E cargo compartment is one on airplanes used 

only for the carriage of cargo 

14 CFR 

25.1447(c)(1)

116 If oxygen dispensing units are installed, the following apply:

If certification for operation above 25,000 feet is requested, there 

must be oxygen dispensing equipment meeting the following 

requirements:

There must be an oxygen dispensing unit connected to oxygen 

supply terminals immediately available to each occupant wherever 

seated, and at least two oxygen dispensing units connected to 

oxygen terminals in each lavatory. The total number of dispensing 

units and outlets in the cabin must exceed the number of seats by 

at least 10 percent. The extra units must be as uniformly distributed 

throughout the cabin as practicable. If certification for operation 

above 30,000 feet is requested, the dispensing units providing the 

required oxygen flow must be automatically presented to the 

occupants before the cabin pressure altitude exceeds 15,000 feet. 

The crew must be provided with a manual means of making the 

dispensing units immediately available in the event of failure of the 

automatic system.

C. The extent of relief being sought

Regulation Requires: Relief is necessary because:

14 CFR 

25.857(e)

Amendment 

93

Only crew 

members can be 

carried on 

airplanes with a 

Class E 

compartment

The 767-2C is configured with a Class E cargo compartment 

and has seating to carry up to eleven (11) supernumeraries in 

a seating compartment that is aft of the flight deck and forward 

of the main deck cargo compartment.

Description of relief sought: To allow the 767-2C to carry up to 

eleven (11) supernumeraries, and to also allow them to access 

the Class E cargo compartment during flight for the care 

and/or inspection of cargo.

14 CFR 

25.810(a)(1)

Amendment 

114

Passenger 

emergency exits 

greater than 6 

feet above the 

The forward entry and service doors of the 767-2C are 

equipped with inertia reel descent devices as the escape 

means.
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Enclosure

Page 3 of 12

ground must be 

equipped with a 

self-supporting 

escape slide or 

equivalent 

Description of relief sought: To allow the 767-2C relief from the 

requirement that passenger emergency exits greater than six 

feet above the ground be equipped with escape slides.

14 CFR 

25.809(a)

Amendment 

116

The likely areas 

of evacuee 

ground contact 

must be viewable 

during all lighting 

conditions with 

the landing gear 

extended as well 

as in all 

conditions of 

landing gear 

collapse prior to 

door opening

The ground contact areas of evacuees using inertia reel 

descent devices from the forward entry and service doors are 

directly below the door sills, and therefore are not viewable 

through the doors’ view ports prior to the 767-2C entry and 

service doors being opened.

Description of relief sought: To allow the 767-2C relief from the 

requirement that the evacuee ground contact areas are 

viewable before the doors are opened. 

14 CFR 

25.785(j)

Amendment 

88

Handholds are 

required to allow 

persons to steady 

themselves in 

moderately rough 

air

In-flight access of the 767-2C main deck Class E cargo 

compartment is being requested herein and handholds are not 

provided inside the compartment.

Description of relief sought: To allow 767-2C relief from the 

requirement that handholds be provided inside the accessible 

main deck cargo compartment.

14 CFR 

25.1447(c)(1)

Amendment 

116

For each 

passenger in 

operations above 

30,000 feet, an 

auto- presenting 

oxygen 

dispensing unit is 

required, 

including a 

manual back-up 

system and 10% 

overage, 

uniformly 

distributed.

For supernumeraries seated inside the supernumerary 

compartment, the 767-2C is configured with non-auto 

presenting oxygen dispensing units that must be manually 

retrieved. There are no additional dispensing units nor is there 

a manual back-up system to manually present masks. Also, 

there are no auto-presenting oxygen dispensing units inside 

the main deck cargo compartment for persons accessing the 

compartment during flight.

Description of relief sought: To allow the 767-2C relief from the 

requirement that an auto-presenting oxygen dispensing unit is 

required for each supernumerary that is seated or is inside the 

cargo compartment during flight (+ 10% additional outlets, 

uniformly distributed, and with a manual back-up system to 

manually present masks).

14 CFR 

25.795(b)(2)

Amendment 

127

To ensure 

(passenger) 

airplane security, 

means must be 

provided to 

prevent 

passenger 

incapacitation, 

considering the 

smoke, fumes 

and noxious gas 

effects of an 

explosive or 

incendiary device

The 767-2C will not be certified to this requirement because 

the requirement is associated with a typical passenger 

airplane and the 767-2C is an all-cargo airplane.

Description of relief sought: To allow the 767-2C relief from the 

requirement that means must be provided to prevent 

passenger incapacitation from the smoke, fumes and noxious 

gases of an explosive or incendiary device.
RA-12-02910

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14 CFR 

25.795(c)(1)

Amendment 

127

To ensure 

(passenger) 

airplane security, 

the airplane must 

be designed for 

least risk bomb 

location

The 767-2C will not be certified to this requirement because 

the requirement is associated with a typical passenger 

airplane and the 767-2C is an all-cargo airplane.

Description of relief sought: To allow the 767-2C relief from the 

requirement that the airplane be designed for least risk bomb 

location.

14 CFR 

25.795(c)(3)

Amendment 

127

To ensure 

(passenger) 

airplane security, 

the passenger 

cabin must be 

designed to 

facilitate 

searches for 

explosive or 

incendiary 

devices

The 767-2C will not be certified to this requirement because 

the requirement is associated with a typical passenger 

airplane and the 767-2C is an all-cargo airplane.

Description of relief sought: To allow the 767-2C relief from the 

requirement that the passenger cabin be designed to facilitate 

searches for an explosive or incendiary device.

D. Description of the Issue

Boeing Commercial Airplanes is currently engaged in the development of a Model 

767-2C airplane, which is a commercially-offerable freighter derivative version of the 

767-200 passenger airplane. 

The 767-2C airplane is a typical freighter airplane in that it is configured with a main 

deck Class E cargo compartment and with a supernumerary seating area aft of the 

flight deck and forward of the cargo compartment. A 9g net with adjacent smoke 

barrier separates the supernumerary seating area from the cargo compartment. The 

9g net and smoke barrier are designed such that personnel can access the cargo 

compartment from the supernumerary seating area. Access means are provided on 

both the left-hand and right-hand sides of the net and the smoke barrier.

As provided for in 14 CFR 11.61(b), Boeing hereby petitions for exemption to allow 

operators of the 767-2C to carry up to eleven (11) persons, commonly referred to as 

supernumeraries, and to allow them access into the main deck (Class E) cargo 

compartment during flight. Access is necessary when transporting certain live 

animals such as horses and/or to allow for potential inspection of other types of 

cargos such as hazardous materials. The maximum number of persons allowed 

inside the 767-2C main deck cargo compartment during flight is proposed to be the 

same as previous grants of exemption of this type; three (3) persons if no live 

animals are being carried and eleven (11) persons if live animals are being carried. 

The supernumerary seating area consists of eleven (11) seats, a galley/closet 

combination, a separate closet, a lavatory, a crew bunk module, two overhead 
RA-12-02910

Enclosure

Page 5 of 12

airplane equipment stowage boxes, and all required emergency equipment. A floorlevel emergency exit and inertia reel descent devices are located on each side of the 

airplane inside the supernumerary seating area.

The categories of supernumeraries being requested to be carried is proposed to be 

limited by the Airplane Flight Manual (AFM) to those persons defined in 14 CFR 

121.583(a)(1) through (a)(7). 

E. Statement of No Adverse affect on Safety

The 767-2C supernumerary seating area is equipped with a pair of inward-opening 

external doors. The doors’ structural opening in the fuselage is identical to that 

provided on 767 passenger airplanes, however the clear opening now provided at 

the left-hand exit no longer meets the minimum height dimension of 72” required of a 

Type A exit. A three inch reduction of the clear opening height was necessary 

because of interference between the two doors’ linings when both doors are fully 

open. As such, the clear opening provided at Door 1L exit is approximately 71”, 

which is a 3” reduction from the oversized height of 74” provided on 767 passenger 

airplanes. The clear opening width of 42” is retained on both exits, as is the 72” clear 

opening height of Door 1R exit. Based on the dimensions of the clear openings 

being provided and the number of persons requested to be carried, Door 1L and 1R 

will be certified as an over-sized Type I exit pair, which significantly exceeds the 

minimum exit requirement of a pair of Type III exits for seating configurations up to 

19 passengers (ref. 14 CFR 25.807(g)(3)).

Both doors can be opened from either the inside or the outside of the airplane. 

Supernumeraries will be provided with unobstructed access to both exits. Due to the 

required pre-flight briefing of these supernumerary personnel in the use of 

emergency equipment, flight crew assistance during an emergency evacuation will 

not be necessary. As an alternative option to evacuating through the floor-level exits, 

evacuation can also take place through the flight deck compartment’s left-hand and 

right-hand openable windows using the same escape ropes as those provided on all 

production 767 passenger airplanes. 

The 767-2C will be equipped with fifteen (15) inertia reel descent devices at both 

Door 1L and Door 1R exits. The quantity of devices installed is sufficient for all 

airplane occupants. These devices have been shown to be as safe and effective as 

automatically-erected escapes slides for evacuating a limited number of able-bodied 

and properly trained supernumeraries. Numerous exemptions have been granted 

allowing such devices in lieu of escape slides on freighter airplanes approved for 

supernumerary carriage.

Section 25.809(a), Amendment 25-116, requires that each emergency exit have a 

means to permit viewing of the conditions outside the exit when the exit is closed, 

including viewing of the likely areas of evacuee ground contact. The viewing means 
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Enclosure

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for Doors 1L and 1R are viewports with downward-looking prisms. The viewing 

means for the openable flight deck windows are the windows themselves. Therefore, 

all 767-2C emergency exits permit viewing of the conditions outside the exit when 

the exits are closed. Once the airplane has come to a stop and prior to the exits 

being opened, viewing of the likely areas of evacuee ground contact (using either a 

rope from a flight deck window or an inertia reel descent device from Door 1L or 1R

exit) is not possible since the ground contact points will be directly underneath the 

aircraft. However, it should be noted that the downward-looking prisms on the doors 

allow viewing of the ground as close as eight (8) feet to the actual ground contact 

points directly below the door sills. As such, larger hazards in the vicinity of the 

ground contact areas below Doors 1L and 1R exits are able to be seen through the 

viewport prisms before the floor-level exit doors are opened. 

One significant reason for the requirements of 14 CFR 25.809(a) at Amendment 25-

116 is to prevent the deployment of an escape slide into a fire or other hazard, since 

the slide deployment is irreversible, and door re-closure is prevented by the 

deployed escape slide and associated mechanism that connects the deployed 

escape slide to the airplane. In most cases, the presence of an external fire in the 

vicinity of the emergency exits would be readily and easily recognizable by the flight 

crew as the airplane rolls to a stop. In those cases, the flight crew would most likely 

command an emergency evacuation from either Door 1R or Door 1L exit if a hazard 

is not viewed through the door prism. However, if a small fire exists directly 

underneath either exit and if it was not detected prior to a person opening that exit, 

the door can then be closed because there are no escape slides installed on the 

forward doors that would prevent door re-closure. Door re-closure is possible on 

767-2C airplanes because they are equipped with inertia reel descent devices in lieu 

of escape slides. 

Additionally, the 767-2C airplane is configured with new body-mounted emergency 

lights at the forward exits, which provide illumination of the surrounding area and the 

ground contact areas in dark of night conditions. After emergency exit opening, and 

before evacuating through either Door 1L or 1R exit, an additional hazard safety 

assessment can be done of the evacuee ground contact areas by a person standing 

at the exit threshold by simply looking straight down through the open doorway. The 

local contour of the 767 fuselage does not inhibit seeing the ground contact areas 

directly below the door sill. The new body-mounted exterior lights will fully illuminate 

the ground contact areas in all lighting conditions and for all combinations of gear 

collapse. The combination of the emergency exits, the escape means, the new 

external emergency lights and the required pre-flight briefing will provide an 

acceptable level of safety for the flight crew and for the supernumeraries requested 

to be carried aboard the 767-2C airplane, with respect to the requirements of 14 

CFR 25.809(a) at Amendment 25-116. 

While seated in the supernumerary seating area, each supernumerary will be 

provided with a quick don oxygen mask installed at their seat, immediately available, 

that must be manually retrieved. Since these quick don oxygen masks are not 
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Enclosure

Page 7 of 12

automatically presented nor is there a manual back-up system to present the mask 

as required by Section 25.1447(c)(1), Boeing will include an automatically-activated 

aural and visual alert system inside the supernumerary compartment to inform the 

supernumeraries by signals when to don oxygen masks. As a backup to the 

automated aural and visual alerts, the flight crew will be able to manually activate the 

alerts. Section 25.1447(c)(1) also requires that the number of oxygen dispensing 

units exceed the number of seats by 10% and be uniformly distributed. The intent of 

the 10% overage and the dispensing units’ uniform distribution requirements is to 

make oxygen available for use by flight attendants moving about the cabin and/or for

children sitting on passengers’ laps. Since operation of the 767-2C airplane will not 

require flight attendants and will also not be approved to carry children, Boeing 

requests that the 767-2C be exempt from these requirements of Section 

25.1447(c)(1) as well.

Section 25.795 at Amendment 25-127 contains airplane design requirements for 

security considerations. Paragraph (a) specifies design requirements for flight deck 

doors and their bulkheads if a flight deck door is required by the operating rules. 

Since the 767-2C does not have a passenger cabin, it is not required by Section 

121.313(f) to have a flight deck door. As such, Section 25.795(a) and its 

subparagraphs are not mandatory for the 767-2C. Per Section 121.313(j)(2), any 

airline operating the 767-2C under Part 121 must either implement a security 

program approved by the TSA for the operation of all airplanes in their fleet, or 

alternatively, upgrade the 767-2C flight deck door to meet the requirements of 

Section 25.795(a)(1) and (2). Since the 767-2C is designed with a non-secure flight 

deck door, any Part 121 operators of the airplane would likely elect to comply with 

the option that requires a TSA-approved screening program for occupants of all 

airplanes in their fleets. 

Although the 767-2C does not have a passenger cabin in the context of the 

operating rules as mentioned above, it does have a small supernumerary seating 

compartment for eleven (11) persons. When granted, the exemption request herein 

for supernumerary carriage effectively transforms the 767-2C from a flight crew only 

airplane to an airplane approved to carry supernumeraries, thereby making it 

ineligible to take advantage of the exceptions in Section 25.795(d), which specifically 

limit the application of Section 25.795 requirements to only subparagraphs (b)(1), 

(b)(3) and (c)(2). Although not directly pertinent to the relief being requested herein, 

the 767-2C will comply with subparagraph (b)(1); subparagraph (b)(3) is not 

applicable because the 767-2C is not equipped with a cargo compartment using a 

fire suppression agent, and compliance with subparagraph (c)(2) is being addressed 

by an exception request based on direct compliance being impractical, as identified 

in the G1 Issue Paper. 

With Section 25.795(a) not being mandatory to the 767-2C and subparagraphs 

(b)(1), (b)(3) and (c)(2) being addressed as described above, the remaining design 

requirements of Section 25.795 are found in subparagraphs (b)(2), Passenger Cabin 

Smoke Protection, (c)(1), Least Risk Bomb Location, and (c)(3), Interior Design to 
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Enclosure

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Facilitate Searches. It is worthy of mention that these remaining requirements are 

applicable to large passenger airplanes yet are not applicable to all-cargo airplanes 

like the 767-2C except for the fact that Boeing is requesting approval for the airplane 

to carry supernumeraries. 

The FAA has characterized this airplane applicability rationale (cargo airplanes vs. 

passenger airplanes) as being “risk based, e.g., commercial passenger operation is 

exposed to greatest threat with potentially greatest consequences” (ref. FAA Design 

for Security Standardization Workshop presentation material, August 5/6, 2009). By 

comparison, all-cargo airplanes represent a lesser threat in that they are not 

available to the general public nor are they approved to carry the general public. As 

implied in the Preamble to the Rule, airplanes that are eligible to apply the 

exceptions contained in Section 25.795(d) are subject to supernumerary personnel 

screening and comprehensive security programs that restrict access to the airplane, 

which inherently reduces the risk of the airplane being used either as a weapon or 

as the target of concealing an onboard device. Access to all-cargo airplanes is tightly 

controlled by practice and by regulation. All potential commercial operators of the 

767-2C will be subject to such supernumerary personnel screening and airplane 

security programs (reference 49 CFR Part 1544, Aircraft Operator Security: Air 

Carriers and Commercial Operators). 

Additionally, the supernumerary seating compartment of the 767-2C is very small 

and if a device were ever found inside the compartment during flight, re-locating it to 

a lesser risk location would not allow much benefit by comparison to leaving it where 

it was found. The same can be said for protecting the supernumeraries from smoke, 

fumes and noxious gases if the explosive or incendiary device were to detonate in 

the small confines of the 767-2C supernumerary compartment during flight. And with 

respect to designing the interior to facilitate searches, the exception provisions 

allowed for all-cargo airplanes in the rule should continue to apply to the 767-2C 

when approved to carry supernumeraries because this class of passenger will be 

subject to screening and limitations that effectively eliminate the security concerns 

that the rule is intended to mitigate. Thus, as with the basic provision for Class E 

cargo compartments, the FAA should treat Section 25.795 consistently with other 

freighter exemptions with respect to this special class of passengers. As such, 

Boeing requests that the 767-2C be exempt from the requirements of Section 

25.795(b)(2), (c)(1) and (c)(3) based on the above rationale.

To provide an acceptable level of safety for supernumeraries performing duties 

inside the main deck cargo compartment during flight, a portable oxygen bottle with 

integral full-face mask will be provided for each person that can be inside the 

compartment at the same time. Procedures and airplane placarding will require that 

each supernumerary accessing the compartment take a portable unit with them. 

Additionally, an aural and visual alerting system will be provided inside the main 

deck cargo compartment. The alerts will be audible and visible to persons 

throughout the length of the compartment. The alerting systems are being provided 

to indicate to persons inside the compartment the need to immediately don their 
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oxygen mask and return to their seat or, in the case of known or anticipated air 

turbulence, to immediately return to their seat. 

The aural and visual alerts will both activate automatically upon either of the 

following two scenarios occurring in service: (1) a loss of cabin pressure event or (2)

smoke being detected inside the Class E compartment. The procedure to be 

followed for these two scenarios are identical; the person(s) inside the cargo 

compartment will immediately don their oxygen mask, initiate flow to it, and then 

return to their seat. Such instruction will be included in the required pre-flight briefing 

to the supernumeraries, and will also be included on required placards inside the 

seating area. 

In the event of known or anticipated air turbulence, the visual portion of the alerting 

system will be manually activated by a flight deck crewmember. The procedure to be 

followed for this scenario will be for the person(s) inside the cargo compartment to 

immediately return to their seat. Such instruction will also be included in the required 

pre-flight briefing to the supernumeraries, and the required placards. 

Access to the main deck cargo compartment is gained through either the left-hand or 

right-hand access means provided in the 9g net and adjacent smoke barrier. The 

placards conspicuously located adjacent to the forward side of the left-hand and 

right-hand access means will include the following instructions:

Occupancy of cargo compartment is prohibited during taxi, takeoff and 

landing

Access is limited to inspect/care for cargo

Carry portable oxygen bottle when entering cargo compartment

Cargo lights must be turned on when accessing the cargo compartment

In the event of smoke or cargo fire, do not open access means

Keep access means closed except during entrance and egress

If lights flash inside cargo compartment, return to seat

If aural horns sound and lights flash inside cargo compartment, don 

oxygen mask and return to seat

No smoking inside the cargo compartment

Handholds will be provided in the supernumerary seating area. Since installation of 

handholds inside the main deck cargo compartment is impractical, an acceptable 

level of safety will be provided by a flight crew procedure to manually activate the 

visual alert system inside the cargo compartment when turbulence is anticipated or 

is being experienced. The flashing lights inside the cargo compartment will indicate 

to persons inside the compartment the need to immediately return to their seats. 

The supernumerary seating area will include all required emergency lighting 

systems. The emergency exit signs, emergency lights, exit locator signs and 

markings around Doors 1L and 1R exits will be retained from the production 767-200 

passenger airplane configuration.
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Enclosure

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All flight deck and passenger cabin emergency equipment and markers required by 

14 CFR Part 25 will be installed. 

The supernumerary seating compartment will have protection from hazardous 

quantities of cargo smoke, flames, or noxious gases via the smoke barrier that 

separates the supernumerary seating area from the main deck cargo compartment.

Flight tests for smoke penetration into occupied areas are planned, including taking 

into consideration that persons may be exiting the cargo compartment through the 

open access means.

The AFM will include the requirement for the flight crew to provide a pre-flight 

briefing to the supernumeraries relative to the use of emergency exits and escape 

means, use of emergency equipment, and procedures for entering and exiting the 

Class E cargo compartment during flight, including instructions regarding the aural 

and visual alerting signals inside the cargo compartment. The AFM will also include 

flight crew procedures related to the operation of the same alerting systems.

Based on the configuration of the 767-2C airplane and the operational limitations 

listed in the AFM, which are typical of a freighter airplane approved to carry 

supernumeraries and also approved for Class E cargo compartment access during 

flight, there will be no adverse effect on safety associated with a grant of exemption 

of this type. Numerous similar exemptions have been previously granted. The most 

pertinent to the 767-2C and the relief being requested herein include Exemptions 

No. 8248, 8258, 8536A, 8587A, 8590B, 9779, 9779A, 9793, 9793A, 9793B, 9696 

and 9968.

Being very similar to other grants of its type, Exemption No. 9696 is of particular 

interest in that the grant originally specified that specific airplane design

requirements be listed in the Limitations section of the airplane’s AFM. The FAA 

subsequently re-issued the grant, correcting that error by removing such design 

requirements from the Limitations section of the AFM. 

Exemption No. 9793C serves as another example, however not corrected, in that the 

details of the access means placard and the main deck alerting system performance 

requirements (found in items #10 and #11 of the grant) are required to be included in 

the Limitations section of the airplane AFM.

Boeing acknowledges the FAA's need to specify certain airplane design 

requirements as conditions of a grant, but such design requirements should not be 

required to be listed in the Limitations section of an AFM. Boeing hereby requests 

that the FAA consider this aspect when preparing the grant of exemption for the 767-

2C.
RA-12-02910

Enclosure

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F. Statement of Public Interest

Granting this petition is in the public’s interest because doing so allows potential 

commercial operators of the 767-2C to transport certain cargos that require care 

and/or inspection during flight to ensure that such cargos are carried efficiently and 

safely. Having supernumeraries immediately available for cargo handling and cargo 

management reduces operational costs by not having supernumeraries take 

separate commercial flights to the cargo destination, which also reduces the turnaround time for the cargo carrier. This serves the overall public interest by virtue of 

the net cost savings for cargo shipment, resulting in lower costs for goods and 

materials transported as air cargo, as ultimately reflected in lower consumer costs 

for goods transported as air cargo.

G. Request for Waiver of Publication

The petitioner requests that this petition for exemption not be delayed by the public 

process, which includes publication of the subject petition. Many similar exemptions 

have been granted allowing supernumeraries to be carried on all-cargo airplanes 

and also allowing them access into the Class E cargo compartment during flight. 

The regulations from which relief is being requested are similar to other grants of 

exemption except for the addition of Section 25.795, which includes exceptions to 

its requirements for all-cargo airplanes. As such, Boeing believes good cause exists 

for the FAA to consider waiving the publication and comment requirements of 

Sections 11.85, 11.87, and 11.89. 

H. Privileges of this Exemption Outside the United States

Per 14 CFR 11.81(h), Boeing requests that the privileges of this exemption, if 

granted, be extended outside the United States. This extension of privileges is 

necessary for operations based within foreign countries having bilateral agreements 

with the United States accepting 14 CFR Part 25 as their airworthiness standards 

for transport category aircraft. The 767-2C is being offered to the global market 

place.

I. Conclusion
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Enclosure

Page 12 of 12

The 767-2C airplane is a commercially-offerable freighter derivative version of the 

767-200 passenger airplane. In order to carry cargo efficiently and safely, the 767-

2C is configured to carry up to eleven (11) supernumeraries in a dedicated seating 

compartment located between the flight deck and the Class E cargo compartment. 

In order to facilitate the carriage of specialized cargos such as large, live animals 

and/or hazardous materials, the 767-2C is also configured to allow supernumerary 

access into the Class E cargo compartment during flight. Many similar exemptions 

of this type have been granted by the FAA. Based on the 767-2C configuration and 

the proposed AFM limitations regarding supernumerary carriage and main deck 

cargo compartment access during flight, there will be no adverse effect on safety 

associated with a grant of exemption in this case.